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Posts posted by xTDx

  1. On 9/28/2019 at 7:59 PM, ytyj said:

    My question is, will I be considered as out of status because I have not gotten my H-1B stamping done by October 1st?

    No you will not be in trouble. 


    On 9/28/2019 at 7:59 PM, ytyj said:

    Or is it fine since I have my STEM EAD, and I can still get my stamping done in October, without going out of status in USA?

    Correct. You can go to your home country for h1b stamping whenever you have time. 

    You only have to go to stamping if you want to come back under H1b. That's why the h1b is filed with consular notification so that your change of status is not automatically by USCIS on 1st of october.


  2. The only advice is to work with your employer and their hired attorneys for the petition. In general no employer would want you to work with your choice of attorneys as they have their own. Your best bet is to work with them. You stay out of the process. This is your employers petition and not yours. It is only filed on your behalf.

  3. 1. It is risky to travel while extension petitions are in motion. H4 extension will be denied if the petitioner is not in US for the extension.  H4 EAD depend son H4, so H4 EAD will be denied or a RFE will be sent out to say the least.  

    What do you mean by notified separately ? H4 extension and H4 EAD applications are filed using two separate forms that generate two separate applications number , which will generate two different notifications.

    2. H4 EAD applicant can travel outside once the application is pending with USCIS but if H4 EAD application depended upon H4 extension as in your case, I do not see H4 EAD getting approved if you travel outside US.

  4. Assuming your grace period from employer A and i94 has expired , you cannot simply transfer to C now. All H1b petitions are in theory independent . Company C can file a petition on your behalf but they will not be able to "transfer" your H1b from employer B as B's petition is not approved. So if you want to stay in US and change your employer to C from B, you must respond to RFE and hope it gets approved. 

    Otherwise C can file a petition with consular notification (without i94 extension or "transfer") and you can leave and come back on a valid visa.

  5. You provided too much info for anyone here to provide you accurate "guidance" . In general , all work locations including home address (If substantially working from home ) need to be listed on LCA . Are you filing your application yourself ? Don't you have your employers and their attorneys to review your questions ? Please work with your employers and their attorneys to carefully prepare LCA and amendment applications. You do not want to be the guy who didn't take professional advice because we suggested you something on internet forums.

  6. The person applying for H4 EAD needs to be in H4 status at the time of filing H4 based EAD (form  i797) application. There is no biometric requirement for i797 form. Person filing H4 can travel outside of US as there is no requirement to be in US for the duration of H4 EAD application process , just need to be in H4 status while filing  and then they can leave. This gets complicated if a RFE is issued by USCIS and the applicant is not in US to respond timely. Otherwise everything else is okay.


  7. On 9/20/2019 at 10:34 AM, Rakesh O said:

    Can another extension be filed with approved I-140 in parallel to extension filed for recapture time (before its decision)?

    Your employer's attorneys should know this. Yes, you can and should file a i140 based new petition and request 3 years of extension. You can also get it filed in premium.

  8. On 9/15/2019 at 6:44 PM, H1waiting2019 said:

    My opt ended in May 2019. My h1b got picked in the lottery and was given a RFE. My employer is planning to respond to the RFE this week. However I have few questions

    1. can I still work on my opt after October 1st awaiting decision on my h1b?

    2. If my h1b is rejected, is there anyway I can stay in the US and apply for H4 as my wife has valid h1?

    3. If h1b is denied, how soon should I leave the country?

    4. Is it safe to go to India for h4 stamping ?

    Any info is very much appreciated

    1- How would you work on OPT if it ended in may 2019? So,  no you cannot work on an expired OPT.

    2- It depends, Consult an immigration attorney for in depth review of your case and to find out optimal strategy for your case and requirements.

    3- Depends on valid i94 , you may get a F1 grace period, check point 2 to work with an attorney.

    4- Usually safe if you have not violated your status to a certain extent. Read point number 2 again and make sure you follow a professional attorneys guidance. 

  9. Quite probably it will not work. Why not get your employer to pay for premium processing upgrade ?

    The golden right hand thumb rule is to not to send useless info to immigration agencies without them requesting . You may ask why it is useless ? I would say because nobody asked you to send it. It is a futile attempt unless you missed to send it in the first place. If that's the case, sending new evidence now will probably not help anyway. A new petition would make more sense or wait for them to send you a RFE.

    IMHO , you should get your petition upgraded to premium.

  10. On 9/22/2019 at 9:18 AM, Gautham25 said:

    I think I am in the same situation. My OPT got denied Friday and I am waiting for the denial letter from USCIS. Please some one help me. I have a hugh loan to pay and they will take away the house that my parents are living in back home if I am unable to pay. Please I am begging for someone to help me with the OPT

    It is of paramount importance that for critical issues like this, you hire and start working with professional attorneys who can guide you and help you to fix the fixable issues and to find any alternative strategies for the issues that are not fixable. 


  11. Yes. NO issues. However, someone with an H4 ead will have to cease operating that LLC if H4 EAD has expired or is not able to get it renewed for any reason. As long as H4 EAD is valid , one can do whatever they want to do within the limitations of law of the land.

  12. 11 hours ago, URajput said:

    As per my DSO they did update  SEVIS with recommendation  before providing me with the i20 on June 19th .They believe due to some technical glitch on SEVIS side it never got updated in SEVIS. They are suggesting me to file an MTR and have provided me their statement in a letter head explaining the situation.

    Not a bad idea to hire an immigration attorney and respond with any relative documentation when you file a MTR or for other potential strategies. 

  13. On 9/19/2019 at 9:23 AM, BhavanaM said:


    My friend who is on F1 STEM OPT had his H1B visa applied by his employer this April. In May he had to travel due to a family emergency. He came back in June but received an RFE for specialty occupation. His law firm responded to the RFE with supporting documentation. Yesterday we saw a change in his USCIS case status. It says Case Was Approved but in the third line it says a denial was sent out. Is it his Change of Status that got denied? If yes, what does it mean? His STEM OPT and F1 visa are valid until June 2020.


    USCIS tools are not state of the art. As you can see the case status online is throwing out inconsistent information. Wait for official correspondence from USCIS via mail.

  14. On 9/13/2019 at 4:26 PM, kuvinod7 said:

    Hello - When i try to retrieve my recent I-94 it has still the old date but when i look under the I-94 history it has the proper information in it with the correct dates. It has been 15 days since i have returned back to US. So does it take time to update it or what has to be done ?

    Does your name on passport matches with the one on visa ? In other words , do you have FNU LNU etc in your passport ?

    If yes, search i94 with Visa number instead of passport number in the passport field. I have seen a few cases where the candidate's name has issues, the cbp officer creates the i94 record with the visa number instead of the passport number.


    Basically the record is there but you are not searching it with "incorrect" details.

  15. If your criminal record is less than 5 years old, consulates can ask you to go through medical anytime you apply for a visa. Some people are asked for medical even after 5 years and sometimes consulate do not ask for medical at all. Its really based on the officer and what details they have on you along with how old the record is. So in short be ready for a medical.

    Expungement depends on state law. You would have to look into your state and its expungement laws. Hire a specialized attorney for expungement in your state. Expungement is not hidden from DHS for any immigration purposes. DHS will always be to pull your record from FBI.

  16. 17 hours ago, juhi88 said:
    I was working on F1- Stem OPT with my current employer and my employer applied for H1B in April 2019. My petition was picked in lottery and I received I-797 approval notice. If my employer revokes the H1B before Oct 1st, 2019, will I be cap exempted?

    To give you more context , you can only be cap exempt if you ever stated in US under H1b status granted by a cap subject petition. In your case , your petition was cap subject and was approved, however the petition will not take in effect until October 1st.